Summary of Criminal Prosecutions
FISCAL YEAR: 2012
1. PRINCIPAL DEFENDANT: Kenneth Horan
W.D. New York 6:11-CR-6171DGL
W.D. New York 6:11-CR-6171DGL
Horan was the project supervisor, directing an untrained/unlicensed worker to illegally remove approximately 500 linear feet of friable asbestos pipe wrap without any respirator protections. In addition, Horan caused ACM to be released to the environment when scrap metal dealers removed asbestos contaminated pipes from the basement of a building.
May 17, 2011
Horan was charged with one count of violating the CAA {42 U.S.C. 7413(c)(1) - knowingly violates}.
CITATION: 42 U.S.C. 7413(c)(1)
November 7, 2011
He pled guilty to the charge.
Press Release
Department of Justice
FOR IMMEDIATE RELEASE
NOVEMBER 7, 2011
PITTSFORD MAN PLEADS GUILTY TO VIOLATING THE CLEAN AIR ACT
ROCHESTER, N.Y.‐‐U.S. Attorney William J. Hochul, Jr. announced today that Kenneth J. Horan, 38, of Pittsford, N.Y., pleaded guilty to violating the Clear Air Act and National Emission Standards applicable to asbestos. The charge carries a maximum penalty of five years in prison, a $250,000 fine, or both. Assistant U.S. Attorney John J. Field, who is handling the case, stated that Horan supervised a renovation project in October 2009 for a commercial building located at 4366 Culver Road, in the Town of Irondequoit. Although the defendant knew that the project required him to remove materials containing friable asbestos, a hazardous substance and carcinogen, Horan failed to comply with legally‐required safety measures for removing such toxic material. “Those involved in any remediation or renovation project have an obligation to follow the federal environmental health laws,” said U.S. Attorney Hochul. “Ignoring regulations that are in place to protect the public can endanger the lives of those working on a project as well as those who work and live nearby.” The plea is the culmination of investigative efforts by the United States Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent‐In‐Charge, William V. Lometti, and the New York State Department of Environmental Conservation Police, under the direction of Captain David Bennett. Sentencing is scheduled for February 15, 2012, at 10:00 a.m. before Judge Larimer.
February 15, 2012
Horan was sentenced to 12 months and a day incarceration, 24 months probation and was ordered to pay a $10,000 federal fine.
Department of Justice
Western District of New York
FOR IMMEDIATE RELEASE
FEBRUARY 15, 2012
Department of Justice
Western District of New York
FOR IMMEDIATE RELEASE
FEBRUARY 15, 2012
PITTSFORD MAN SENTENCED FOR VIOLATING THE CLEAN AIR ACT
ROCHESTER, N.Y.-- U.S. Attorney William J. Hochul, Jr. announced today that Kenneth J. Horan, 38, of Pittsford, N.Y., was sentenced to one year in prison and fined $10,000 for violating the Clear Air Act and National Emission Standards by District Court Judge David G. Larimer. Assistant U.S. Attorney John J. Field, who handled the case, stated that Horan supervised a renovation project in October 2009 for a commercial building located at 4366 Culver Road, in the Town of Irondequoit. Although the defendant knew that the project required him to remove materials containing friable asbestos, a hazardous substance and carcinogen, Horan failed to comply with legally-required safety measures for removing such toxic material. The defendant hired unskilled and untrained workers to remove the asbestos in an improper manner, exposing them to the toxic substance. In addition, environmental testing of samples taken from around the property showed dangerous levels of chrysotile asbestos, meaning that members of the public may have been exposed to the toxic substance. “This case should serve as a warning to those involved in remediation or renovation projects," said U.S. Attorney Hochul. "You have an obligation to follow the federal environmental health laws. If you ignore federal regulations, you can endanger the lives of those working on a project as well as those live nearby and you will be prosecuted.” The sentencing is the culmination of investigative efforts by the United States Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-In-Charge, William V. Lometti, the New York State Department of Environmental Conservation Police, under the direction of Captain David Bennett, the Irondequoit Police Department, under the direction of Chief Richard Boyan, and Irondequoit Fire Marshal Greg Merrick.
STATUTE:
- Clean Air Act (CAA)